General terms and conditions
for courses and training at
OComp AS
Updated 22.8.2024
1 Introduction
OComp AS ("OComp") offers courses and training services ("the Course(s)") through its electronic system for course registration and administration (the "Booking System"). The Courses are either developed or provided by OComp. The Courses are held either digitally, or physically by OComp itself, or physically by other suppliers of courses and training services that have entered into cooperation agreements with OComp.
These terms and conditions apply to all businesses that book digital and/or physical Courses, for example through an HR manager or a course coordinator, from OComp or other suppliers of courses and training services, through the Booking System ("Course Booker") unless otherwise agreed in writing between the parties. If parts of these general terms and conditions are deviated from by a written agreement between OComp and the Course Booker, the other conditions remain in effect. OComp assumes that the person who books the course on behalf of the Course booker is entitled to do so.
2 Booking of Courses and Course Packages
The Course Booker cannot book Courses for course participants who are under the age of 18. If the Course Booker wishes to book a Course for or register a course participant who is under the age of 18, the booking must be made by direct request to OComp.
A Course or an agreement for the purchase of a certain number of course seats to be used within a specified time period (“Course Package”) is considered booked by the Course Booker when (1) a message confirming registration ("Registration Confirmation") is sent from OComp to the Course Booker, or (2) the Course Booker has signed an agreement for the purchase of course seats. Registration Confirmation can be sent in writing or electronically, such as via email, SMS, letter, etc. The Course Booker must verify that the course booking in the Booking System is correct regarding the type of Course, time, and location of the Course, participants listed, etc.
3 Cancellation of Courses or Course Packages
PackagesAfter booking, the Course Booker can only cancel physical or digital Course seats if the cancellation occurs at least seven (7) business days before the scheduled start date of the respective physical or digital Course, unless otherwise specified in the Registration Confirmation. Cancellation is done through the Booking System. If the Booking System is down, the Course Booker must otherwise send a written cancellation message to OComp within the cancellation deadline. The part of a Course related to e-learning cannot be canceled.
A Course Package cannot be cancelled. The Course Booker can only rebook physical or digital course seats if the rebooking occurs at least seven (7) business days before the scheduled start date of the respective physical or digital Course, unless otherwise specified in the Registration Confirmation. Rebooking is done through the Booking System. If the Booking System is down, the Course Booker must otherwise send a written cancellation message to OComp within the cancellation deadline. The part of a Course related to e-learning cannot be canceled or rebooked.
4 Cancellation of courses
OComp or OComp's suppliers of Courses may cancel Courses, either prior to or during implementation, if there is illness among instructors to be used on the Course and it is not possible to obtain a suitable substitute, or if unforeseen obstacles or circumstances beyond OComp or OComp's suppliers' control, such as damage or failure as a result of fire, lightning, extreme weather, or similar on equipment necessary for the completion of the Course; digital attacks, or malware affecting the Booking System or other necessary systems.
OComp or OComp's suppliers of Courses may also cancel Courses if it is necessary for safety or quality reasons, or if a Course cannot be completed due to a low number of participants.
In the event of cancelled Courses, OComp will offer new course participation as set out in section 5 last paragraph. This section 4 exhaustively regulates OComp's liability in all cases where Courses are not held as agreed.
5 Course fee
The Course Booker shall pay the course fee specified in the Booking System when ordering the course ("Course Fee"). There is a general reservation for typographical errors or miscalculations in the calculation of the Course Fee.
The Course Fee is invoiced from OComp to the Course Booker. Payment of the Course Fee shall be made according to the due date specified on the invoice from OComp. Unless otherwise stated on the invoice, payment shall be made within fourteen (14) days from the invoice date. In the event of delayed payment, late payment interest accrues according to the currently applicable late payment interest rate under the Delayed Payment Interest Act of December 17, 1976.
The Course Fee is charged to the Course Cooker even if the individual course participant has not attended a physical or digital Course, has not completed a digital or physical Course, or has not passed a digital or physical Course. In cases where an agreement has been made for the purchase of a Course Package (as defined in section 3) to be used within a specified time period, any unused course seats will not be refunded.
The Course Fee is also charged if a Course is canceled before or after it has begun for reasons mentioned under section 4, but OComp shall then offer new course participation without a fee covering the part(s) of the Course that were canceled. If the remaining part of the Course cannot be completed, the Course Booker has the right to a refund of the paid Course Fee. Course Bookers have no other requirements due to cancelled Courses.
6 Liability, complaints and compensation
To the extent that the Course provided by OComp is developed by other suppliers of course and training services that have entered into cooperation agreements with OComp, OComp shall not be held responsible for errors in the course content, implementation, issuance of course certificates and the like.
OComp is only responsible for deficiencies in the Booking System and the Courses to the extent explicitly set out in these terms. Complaints about deficiencies in the Booking System must be submitted in writing, within a reasonable time after the Course Booker discovered or should have discovered the defect. If the Course Booker does not complain within six (6) months after the booking of the Course took place or the Course was held, the Course Booker may in any case not claim the defect.
Compensation for losses related to deficiencies in the Course or the Booking System is limited to the direct loss suffered by the Course Booker as a result of the defect, and is in any case limited to the course fee paid for the Course to which the defect is affected. Indirect losses, including but not limited to disruptions, lost working time or profits or production, the inability or unwillingness of individual course participants to put the course content to practical use, lost opportunities or goodwill, or other forms of indirect losses, are not covered. However, the limitation of liability in this section does not apply if the defect is due to intent or gross negligence on the part of OComp.
7 Intellectual Property Rights
OComp (and, if applicable, any other provider of Courses) is between the parties the owner and holder of all intellectual property and intellectual property rights in and to the digital and physical Courses, as well as to the Booking System. This includes, but is not limited to, algorithms, images, designs, databases, data, photos, graphics, source code and object code, UI, concept, music/sound, structure and other content or form, as well as any design right, database right, copyright, patent right, trademark right or other right that may protect part or entirety of the intellectual property. As part of ordering a digital and/or physical Course, the Course Booker is given the right to let the number of users designated by the Course Booker participate in the Courses and acquire the general knowledge these Courses seek to convey. Without further agreement, there is no right to record or record digital or physical Courses, and any form of reverse engineering, copying, imitation, or attempt to use the Courses as inspiration to create similar, competitive courses is not permitted.
As part of entering into a Course agreement, OComp (and, if relevant, another supplier of courses) is granted a free right to obtain feedback from users, as well as to use logged responses and usage patterns of digital Courses, and freely use this to improve the Courses' content, structure and presentation form.
8 Privacy
For digital and physical Courses, it may be necessary for the Course Booker to provide certain personal information to course participants, such as name, email, national identity number, telephone, address, education, to ensure that users have access to courses and follow-up. The Course Booker is responsible for ensuring that all processing of personal data, including collection, sharing and transfer of personal data from the individual to OComp related to the Course Booker's course participants, is in accordance with the relevant privacy regulations, including but not limited to the Personal Data Act and GDPR. OComp (and, if relevant, another supplier of courses) is the data controller pursuant to Article 4(7) of the General Data Protection Regulation ("GDPR") for personal data that OComp/Supplier processes in connection with booked Courses. For digital Courses, OComp can request the user's consent to collect, store and process any other necessary personal data, as well as specify the terms for this as part of the course registration. OComp and any suppliers will only use the personal information about course participants to hold the Courses ordered by the Course Booker, log course participants' participation and results, as well as to improve Courses and facilitate follow-up courses for course participants. The information will normally be stored for the period of validity for which the various Courses provide certificates/certificates of competence, as well as a subsequent time cycle so as to facilitate that users who take refresher courses have their information retained in the Booking System. OComp does not use the information for other purposes and never transfers personal data to third parties other than those specified in this agreement, or any other data processing agreement between the parties.
If a Course is held outside Norway and/or by a supplier who is not Norwegian, the Course Booker accepts that personal information as mentioned above may be shared with the supplier outside Norway. Personal data is not transferred outside the EU/EEA.
9 Governing law and disputes
These general conditions are governed by Norwegian law and are subject to mandatory provisions in legislation or regulations as far as these are applicable. Disputes shall be resolved through negotiations, and if negotiations do not succeed, in the ordinary courts with Hordaland District Court as the legal venue.